Anyone have experience patenting, prototyping and selling a product idea?

I've been kicking around an idea for a new kind of guitar stand for a while now, and I think I'm ready to start working with physical prototypes. Eventually, I'd like to patent this concept and sell it to a manufacturer (since I'm nor about to start a guitar stand production company).

The actual patent I believe I can handle, since I'm thoroughly lawyered up in my family. Rough prototyping I can figure out, but will I need to produce a semi-finished prototype in order to shop this idea to various manufacturers, or is everything done in CAD programs these days?

I know we have folks with a varied scope of business experience - any "inventors" (for lack of a better term) around willing to share their insight?

I believe Google now has a US patent search. Start there. You'd be surprised at what's been patented already. Also, your lawyered-up family is only useful if they're actually intellectual property lawyers - the field is very specific and you need someone with experience.

Also, keep it under wraps for as long as possible. There are provisions to protect you if you show it without protecting yourself, but really, it's just easier to STFU and go through the process.

Also, once it's patented and prototyped, how does one go about actually selling to a company?

i have experience with 1 and 2, but not yet 3.

• googling is a good start.
• draw a sketch, write a date on it, and submit a provisional application ASAP. the provisional application holds your place in line, and can be updated for one year, at which point it becomes a final application and that is what will eventually be examined by the USPTO.
• prototyping is simply a matter of finding someone who works with the materials you've called out, and getting them some sketches / drawings to build from.
• selling it to a company usually involves contacting someone in the business development field at a company that's working within that market already. in your case, could be a guitar company, a guitar accessory company, or a retail chain like Guitar Center...

Just remembered JG has a tripod of his own design on the market. Hoping he'll chime in here.

peter wrote: I believe Google now has a US patent search. Start there. You'd be surprised at what's been patented already. Also, your lawyered-up family is only useful if they're actually intellectual property lawyers - the field is very specific and you need someone with experience.

This. A million times this. Do a really good patent search. And also intellectual property lawyers are very different from a normal lawyer and a good one will make a world of difference for you.

Yeah, my family legal team isn't in IP, but they have connections. I'll be using the specialists for this work.

I invented something in the pre-internet days back in the early 80's. I think everything is still relevant today, just a little easier to get done now. 1. First and foremost file a document establishing the date of concept. I had to file with the US Patent Office and they sent me a confirmation notice back with the date of concept. Iwas always wary of those commercials that asked you to file your ideas with them. You can do it for yourself and save a lot of aggrevation. 2. Keep a journal of everyone you talk to about your invention and what you discussed. People are always looking for something to profit off of. 3. Conduct a patent search. Back then I had to hire a patent attorney since there was no quick and easy way to do it. This is where the internet comes in and makes it easy. 4. If you have to capitalize your invention come up with a good business plan providing how you plan on marketing this item and show your inventors what the "marketability" of the invention is. 5. If you can keep investors out of it as they want the largest share because they are taking the greatest risk and rightly so. Be prepared to really get pissed off with what they offer. They just made me work harder to do it on my own. 6. Be prepared when you put "Patent Pending" on your product its like putting a bullseye with a red flag on it. Everybody will take it modify and try to pawn it off as there own especially overseas. 7. Be patient. Patents take time to be process. Not sure what the timelines are today but in the 80's it was 24 to 36 months or longer. 8. Good luck!

Anyone have any thoughts on the new first to file vs first to invent? It seems for the little guy its worse as before you could just go to market and at least know no one would patent Your invention (they would still be free to sell it but could not own the intellectual property). My understanding is now if you do this they could patent your invention and sue you for infringing even though you have clear documentation showing you where first.

Patent Myths

Patents FAQ

US Patent Fee List

In my very-non-expert opinion, it's unlikely that you'll be able to do a proper and legitimate patent search on your own, even with being able to personally search through patents via Google and the USPTO web site. Additionally, patents are not exactly cheap to obtain and maintain. Over the life of a US patent expect this to be at least $6k, and could significantly exceed this. And that's if you're only interested in a US patent, and are unconcerned about an international patent to protect your idea abroad and not just domestically. And then remember that the patent in of itself doesn't really guarantee you anything, so you'll also have to pray that you don't actually have to defend your patent and its validity...Especially against a corporation that can throw cubic dollars at the problem.

So in my opinion, it's very important to ask yourself if this is intended to be a primary source of income and just how much you realistically stand to profit from this idea.

nocones wrote: Anyone have any thoughts on the new first to file vs first to invent? It seems for the little guy its worse as before you could just go to market and at least know no one would patent Your invention (they would still be free to sell it but could not own the intellectual property). My understanding is now if you do this they could patent your invention and sue you for infringing even though you have clear documentation showing you where first.

It is my understanding that if there is prior art on a product, generally speaking it can not be patented. That includes things like offering it for sale, or having its description in a publication. For many individuals, ensuring that your 'intellectual property' is basically just properly documented prior art is probably the more reasonable and rational option in the long run.